Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698930696090.pdf (New Zealand)
Reprint as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 (SR 2011/225) Anand Satyanand, Governor-General Order in Council At Wellington this 27th day of June 2011 Present: His Excellency the Governor-General in Council Pursuant to sections 14(d), 18(2)(f), 23(b), 27(2), 60(2)(c), and 153 of the Anti-Money Laundering and Countering Financing of Terror- ism Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the fol- lowing regulations.
Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.
1 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Contents Title Commencement Interpretation Standard customer due diligence Existing anonymous accounts: other circumstances Simplified customer due diligence Entities that are customers for purposes of section 18(1) of Act Enhanced customer due diligence Enhanced customer due diligence required for certain transactions requiring suspicious transaction report Identity requirements: additional information about beneficiaries of trusts Other identifying information prescribed in relation to wire transfers Details to be contained in written suspicious transaction report Prescribed form for annual report under section 60 of Act Prescribed form for formal warnings Schedule 1 Details to be contained in suspicious transaction report Schedule 2 Annual AML/CFT report Schedule 3 Formal warning report Regulations Page 2 2 3 3 3 4 5 5 5 6 6 6 10 26 Title These regulations are the Anti-Money Laundering and Coun- tering Financing of Terrorism (Requirements and Compliance) Regulations 2011.
Commencement These regulations come into force on 30 June 2013. r 1 5A Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 r 5 3 4 5 (1) Interpretation In these regulations, unless the context otherwise requires, Act means the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
Standard customer due diligence Existing anonymous accounts: other circumstances For the purposes of section 14(d) of the Act, as soon as prac- ticable after a reporting entity becomes aware that an existing account is anonymous, a circumstance occurs in which the re- porting entity must conduct standard customer due diligence in respect of that account.
Simplified customer due diligence Entities that are customers for purposes of section 18(1) of Act For the purposes of section 18(1) of the Act, each of the fol- lowing persons is a customer: (a) a person who holds a licence, under the Securities Trustees and Statutory Supervisors Act 2011, to be a trustee or a statutory supervisor, when the person acts for itself: a trustee corporation, within the meaning of section 2(1) of the Administration Act 1969, when it acts for itself: a Crown entity: an organisation named in Schedule 4 of the Public Fi- nance Act 1989: a government body that— (i) corresponds to a government department named in Schedule 1 of the State Sector Act 1988; and is located in an overseas jurisdiction with suffi- cient anti-money laundering and countering fi- nancing of terrorism systems and measures in place: (ii) (b) (c) (d) (e) (f) (g) a registered bank within the meaning of section 2(1) of the Reserve Bank of New Zealand Act 1989: a licensed insurer within the meaning of section 6(1) of the Insurance (Prudential Supervision) Act 2010: 3 r 5A (h) Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 a company whose equity securities are listed on an over- seas stock exchange that has sufficient disclosure re- quirements and is located in a country with sufficient anti-money laundering and countering financing of ter- rorism systems and measures in place.
(2) In this regulation, Crown entity has the same meaning as in section 7(1) of the Crown Entities Act 2004.

Regulation 5(1)(a): replaced, on 30 June 2013, by regulation 4(1) of the Anti- Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Amendment Regulations 2013 (SR 2013/232).
Regulation 5(1)(f): inserted, on 30 June 2013, by regulation 4(2) of the Anti- Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Amendment Regulations 2013 (SR 2013/232).

Regulation 5(1)(g): inserted, on 30 June 2013, by regulation 4(2) of the Anti- Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Amendment Regulations 2013 (SR 2013/232).
Regulation 5(1)(h): inserted, on 30 June 2013, by regulation 4(2) of the Anti- Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Amendment Regulations 2013 (SR 2013/232).
Enhanced customer due diligence 5A Enhanced customer due diligence required for certain (b) (c) transactions requiring suspicious transaction report This regulation applies to a transaction— (a) that the reporting entity concerned is required to report to the Commissioner under section 40 of the Act; and that is not otherwise exempt from the customer due dili- gence requirements or from all the requirements of the Act; and that is conducted, or sought to be conducted,— (i) (ii) by an existing customer; or by a customer with whom the reporting entity has not established a business relationship, in any case where the transaction is below the applicable threshold value for an occasional transaction.
For the purposes of section 22(1)(e) of the Act, as soon as prac- ticable after a reporting entity becomes aware that the report- ing entity must report the occasional transaction under section 40 of the Act, a circumstance occurs in which the reporting en- (1) (2) 4 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 r 8 6 (1) (2) 7 (1) (2) 8 tity must conduct enhanced customer due diligence in respect of that transaction.
Regulation 5A: inserted, on 30 June 2013, by regulation 5 of the Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Com- pliance) Amendment Regulations 2013 (SR 2013/232).

Identity requirements: additional information about beneficiaries of trusts In the case of a customer that is a trust other than a trust to which subclause (2) applies, a reporting entity must obtain, under section 23(b) of the Act, the name and the date of birth of each beneficiary of the trust.
If the customer is a trust that is a discretionary trust or a charit- able trust or that has more than 10 beneficiaries, the reporting entity must obtain a description of— (a) (b) each class or type of beneficiary: if the trust is a charitable trust, the objects of the trust.
Other identifying information prescribed in relation to wire transfers Information that gives the name of the beneficiary of a wire transfer and the account number of that beneficiary or any unique transaction reference that allows the transaction to be traced is prescribed for the purposes of section 27(1)(d) of the Act.
In the case of a domestic wire transfer, any information that enables the transaction itself to be identified and traced to the originator is prescribed to be other identifying information for the purposes of section 27(2) of the Act.

Regulation 7: replaced, on 30 June 2013, by regulation 6 of the Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Com- pliance) Amendment Regulations 2013 (SR 2013/232).
Details to be contained in written suspicious transaction report Every written suspicious transaction report under section 40 of the Act must contain the details set out in Schedule 1.

Regulation 8: replaced, on 30 June 2013, by regulation 6 of the Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Com- pliance) Amendment Regulations 2013 (SR 2013/232).
5 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Prescribed form for annual report under section 60 of Act An annual report under section 60 of the Act must be in the form set out in Schedule 2.

Regulation 9: inserted, on 30 June 2013, by regulation 6 of the Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Com- pliance) Amendment Regulations 2013 (SR 2013/232).
Prescribed form for formal warnings Every formal warning issued under section 80 of the Act must be in the form set out in Schedule 3.

Regulation 10: inserted, on 30 June 2013, by regulation 6 of the Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Com- pliance) Amendment Regulations 2013 (SR 2013/232).
Schedule 1 Details to be contained in suspicious transaction report r 8 Schedule 1: replaced, on 30 June 2013, by regulation 7 of the Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Com- pliance) Amendment Regulations 2013 (SR 2013/232).
General: (a) signature of person authorised by the reporting entity to sign the suspicious transaction report (the STR) (un- less the report is forwarded by email or another similar means of communication): name of person authorised by the reporting entity to sign the STR: name of reporting entity: business address of reporting entity: name of the reporting entity’s AML/CFT supervisor: statement of the grounds on which the reporting entity holds the suspicions referred to in section 40(1)(b) of the Act.
(b) (c) (d) (e) (f) For each transaction or proposed transaction: (a) branch or location where the transaction took place or was proposed to take place: date and time of transaction or proposed transaction: (b) r 9 9 10 1 2 6 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 1 (c) mode of transaction or proposed transaction (eg, in per- 3 4 5 (d) son, electronic): type of funds (eg, cash, cheque, securities, deposit, casino chip): amount of transaction in NZD.
(e) For each customer conducting or seeking to conduct a trans- action, or person acting on behalf of any such customer: (a) (b) (c) name: date of birth (if applicable): if not the customer, the person’s relationship to the cus- tomer: address or registered office: company identifier or registration number (if applic- able): whether the customer is a politically exposed person: source of wealth or funds of customer (if applicable): details of any relevant documents or other evidence that may be used to verify the identity of the person and the person’s authority to act on behalf of the customer (if applicable): information on the proposed nature and purpose of the proposed business relationship between the reporting entity and customer (if applicable).
(d) (e) (f) (g) (h) (i) Any beneficial owners of a customer (if applicable): (a) (b) (c) (d) (e) name: date of birth: person’s relationship to the customer: address: whether the beneficial owner is a politically exposed person: details of any relevant documents or other evidence that may be used to verify the identity of a beneficial owner (if applicable).
(f) Details for each customer that is a trust (if applicable): (a) where the customer is a trust other than a trust specified in paragraph (b), the name and date of birth of each beneficiary of the trust: 7 Schedule 1 (b) Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 in relation to a discretionary trust, charitable trust, or trust with more than 10 beneficiaries, a description of each type or class of beneficiary: the objects of any charitable trust.
(c) Details of wire transfers (if applicable), information in para- graphs (a) to (c) is to be provided where reporting entity is the ordering institution: (a) (iii) (iv) if the transaction or proposed transaction is a domestic wire transfer or involves a domestic wire transfer, the originator’s account number or any other information that enables the transaction itself to be identified and traced to the originator: if the transaction or proposed transaction is not a do- mestic wire transfer,— (i) (ii) originator’s full name: originator’s account number or other identifying information that is prescribed and that allows the transaction to be traced back to the originator: name of the beneficiary: beneficiary’s account number or the beneficiary’s unique transaction reference number: country where the account is held: originator’s physical address: originator’s national identity number: originator’s customer identification number: originator’s place and date of birth: (v) one of the following: (i) (ii) (iii) (iv) information to be provided where reporting entity is the beneficiary institution: (i) (ii) (iii) beneficiary’s full name; and beneficiary’s date of birth; and beneficiary’s address.
(b) (c) (d) For each account or arrangement involved in the transaction or proposed transaction: (a) if operated by the reporting entity or another member of a designated business group (DBG): (i) type and identifying number of the account or arrangement: 6 7 8 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 1 (ii) (iii) for each person in whose name the account or ar- rangement is operated, the name, date of birth, relationship to customer (if applicable), address, and the company identifier or registration num- ber (if applicable): name, date of birth, address, and relationship to customer of each signatory to the account or ar- rangement: (b) information on any other facilities involved in the trans- action but not provided by the reporting entity or an- other member of a DBG.
9 Schedule 2 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Schedule 2 Annual AML/CFT report r 9 Schedule 2: inserted, on 30 June 2013, by regulation 7 of the Anti-Money Laun- dering and Countering Financing of Terrorism (Requirements and Compliance) Amendment Regulations 2013 (SR 2013/232).

Form Annual AML/CFT report Part 1 Answer all questions in this Part.
1 1.1 2 2.1 2.2 2.3 Period of report Period that this report covers: [specify] Note: This is the period referred to as “during the year” or “at the end of the year” by this form.
Contact details Entity registration details The reporting entity’s legal name: Registered or company incorporation number (or equivalent): FSPR number (refer to New Zealand’s Financial Service Providers Register): Registered charity number (if applicable): Trading name(s): Physical address Street name and number: Suburb/town: City: Postcode: Postal address (if different from physical address) Street name and number or PO Box: Suburb/town: City: Postcode: Other contact details 2.4 AML/CFT compliance officer (full name): 10 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 2 Form—continued AML/CFT contact telephone number (if available): AML/CFT email address (if available): Website (if available): 3 3.1 Organisation structure Is this reporting entity a branch or a subsidiary?
Yes/No If yes, specify: [branch/subsidiary] 3.2 In what country is your largest owner based?

[country] 3.3 Number of physical branch locations in New Zealand (exclude agent’s office locations.

If none, record nil): [number/nil] 3.4 Number of New Zealand subsidiaries (or nil): [number/nil] 3.5 Number of branches outside New Zealand (or nil): [num- ber/nil] 3.6 Number of subsidiaries outside New Zealand (or nil): [num- ber/nil] Part 2 Answer all relevant questions.
Note: A member of a designated business group (DBG) can rely on another member to carry out some obligations on their behalf, as set out in section 32 of the Anti-Money Laundering and Countering Fi- nancing of Terrorism Act 2009 (the AML/CFT Act 2009).

These include risk assessments and parts of an AML/CFT Programme.

If you are a member of a DBG you may allow another member to an- swer this Part on your behalf.

However, please note that you are responsible for the information provided.
If you are eligible, use the Notes in Part 6 of this form to state this, together with the legal name and registered number of the member answering this Part on your behalf.

Then leave this Part blank and go to Part 3.

You are required to answer all other parts of this form.

AML/CFT risk assessment 4 4.1 Does your risk assessment meet the requirements of section 58 of the AML/CFT Act 2009?
Meets all/Meets some/Meets none* 11 Schedule 2 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Form—continued *Select one.

4.2 4.3 If your risk assessment does not meet all of the requirements of section 58 of the AML/CFT Act 2009, please list all sub- sections that it is not fully compliant with (eg, sections 58(1), 58(2)(a)–(h), 58(3)(a)–(c)).

(Use commas to separate each en- try.)


[list] Is a procedure in place for an independent audit of the risk assessment every 2 years?

Yes/No* *Select one.

4.4 When was the most recent review of the risk assessment com- pleted?

[date] 4.5 When was the most recent audit of the risk assessment com- pleted?

[date] 4.6 Did an audit of your risk assessment (conducted since your last annual report) highlight any deficiencies?

Yes/No* *Select one.


4.7 Have you made the changes identified in the most recent audit as being necessary?

Not applicable†/Yes, complete/Not yet complete* *Select one.

†Do not select “not applicable” if you have answered Yes to question 4.6 above.

4.8 Before making a product, service, or channel available, is there a process to assess the AML/CFT risk (eg, new or developing technologies, products that favour anonymity)?

Yes/No* *Select one.


AML/CFT programme 5 5.1 Does your AML/CFT programme meet the requirements of section 57 of the AML/CFT Act 2009?

12 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 2 Form—continued Meets all/Meets some/Meets none* *Select one.
5.2 5.3 If your AML/CFT programme does not meet all the require- ments of section 57 of the AML/CFT Act 2009, please list all paragraphs that it is not fully compliant with.

Use commas to separate each entry: [list relevant paragraphs from section 57(a) to (l)] Is a procedure in place for an independent audit of the AML/CFT programme every 2 years?

Yes/No* *Select one.

5.4 When was the most recent review of the AML/CFT pro- gramme completed?
[date] 5.5 When was the most recent audit of the AML/CFT programme completed?

[date] 5.6 Did an audit of your AML/CFT programme (conducted since your last annual report) highlight any deficiencies?

Yes/No* *Select one.

5.7 Have you made the changes identified as being necessary in the latest audit?

Not applicable†/Yes, complete/Not yet complete* *Select one.

†Do not select “not applicable” if you have answered yes to question 5.6 above.
(a) 5.8 Do you have procedures to identify and verify the identity of— a new customer (including the customer’s beneficial owners or any person acting on behalf of a customer)?

Yes/No* *Select one.

(b) a person seeking to conduct an occasional transaction through your reporting entity?

Yes/No* 13 Schedule 2 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Form—continued *Select one.
(c) an existing customer, according to the level of risk in- volved, if there has been a material change in the nature or purpose of the business relationship and your report- ing entity considers that it has insufficient information about the customer?

Yes/No* *Select one.

5.9 Do you have exception handling procedures for issues related to customer due diligence (CDD) (eg, clause 4 of the Identity Verification Code of Practice 2011)?

Yes/No* *Select one.


5.10 Outside a DBG, do you outsource any CDD requirements to third parties (as set out in sections 32 to 34 of the AML/CFT Act 2009)?

Yes/No* *Select one.

5.11 Are your reporting entity’s AML/CFT transaction monitoring processes best described as electronic, manual, or a combin- ation of both?

Electronic/Manual/Electronic and Manual* *Select one.

Answer all questions in this Part.


Part 3 Products and services Estimate the value and number of all transactions settled by your reporting entity during the year.
Add the number of re- ceipts and payments together, record the total number, and re- peat for value— Gross number of transactions: [number] 6 6.1 14 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 2 Form—continued 6.2 Gross value of transactions (NZD): $[amount] If your reporting entity offers the products and services listed in the table below, enter “yes” and estimate the proportion of annual revenue of your business during the year: Products and services Domestic Yes/No Estimate percent of annual revenue of your business (%) Domestic account and deposit taking services Domestic lending (excluding residential mortgages and motor vehicle finance) Residential mortgage lending Motor vehicle finance Debt instrument/bonds Finance and leasing Government/specialist finance and leasing Domestic wire transfer/electronic funds transfer services International International wire transfer/electronic funds transfer services International mobile telephone transfer services Forex trading and multi-currency and foreign currency accounts Foreign currency/money exchange services Issuing travellers cheques and bearer negotiable instruments Cashing travellers cheques and bearer negotiable instruments International correspondent banking 15 Schedule 2 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Form—continued Estimate percent of annual revenue of your business (%) Yes/No 26 27 28 29 30 31 32 Products and services Trade finance and related bonds/guarantees, forfeiting, and export/import finance Trust and company service providers (TCSPs) Company formation Trust formation Provider of office services (including registered address, virtual office, serviced offices, and phone/mail forwarding) Nominee director/company secretary services/partner services Nominee shareholder services
 Professional trustee services Providing services and advice Debt collection Factoring services Cash transport or courier services Safe deposit boxes, cash storage Payroll remittance services Securities registry duties and other fiduciary duties associated with securities/debt issuance Cash and card services Credit cards (as card issuer only) Credit cards (all other roles) Card merchant facilities Cash transactions (excluding ATM withdrawals, foreign currency) 16 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 2 Form—continued Products and services Stored value instruments/cards Yes/No Estimate percent of annual revenue of your business (%) Investing Sharebroking Futures and options Other derivatives Brokers’ cash management accounts Funds management and administration of retail and wholesale funds (other than superannuation and KiwiSaver funds but including all other funds—unit trusts, WRAPS, PIE, index funds, hedge funds, etc) Fund management of retail and wholesale superannuation and KiwiSaver funds Financial planning Financial advice Custodian services Registry services Estate administration Treasury functions (including services provided between related entities) Issuer of securities to the public Life insurance Term life insurance Permanent (whole life, universal, limited-pay, endowment, accidental death) 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 17 Schedule 2 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Form—continued Estimate percent of annual revenue of your business (%) Yes/No n/a n/a n/a 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Products and services Other life-related products and services associated with annuities, surrender options, etc) Reinsurance associated with life insurance Casinos Conducting electronic international money transfers in Conducting electronic
 international money transfers out Conducting electronic domestic money transfers in Conducting electronic domestic money transfers out Foreign currency exchange in (including travellers cheques and cash) Foreign currency exchange out Cash take from table games (including chip purchase vouchers) Cash take from electronic gaming machines (including tickets/tokens) Do you have foreign holding accounts?
If yes, specify number [number] Do you have domestic casino operating accounts?

If yes, specify number and locations [number, locations] Do you have cheque cashing facilities?
18 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 2 Form—continued 64 65 66 67 68 69 70 71 72 73 74 Products and services If yes, specify number during the year and average value [number, average value] Do you offer stored value instruments?

(do not include casino chips) If yes, what sort of stored value instrument is it?
[describe] What estimated percentage of your gambling activity utilises stored value instruments?
Debit/credit card facilities out (exclude food and beverage purchases) Cheque in Cheque out Other Loyalty schemes provided, e-cash, and virtual credit provided Auction house Online auctions Other relevant products/ser- vices (and list these in notes in Part 6, together with estimates) Total Estimate percent of annual revenue of your business (%) Yes/No n/a 100 7 7.1 Customers/members Estimate the number of customers your reporting entity had a business relationship with during the year: [number] 7.2 How many customers (question 7.1 above) are classified as politically exposed persons (PEP)?
(Include your customers that are beneficially owned, controlled by, or for the benefit of a PEP.)

[number] 7.3 How many customers (question 7.1 above) are trusts or other vehicles for holding personal assets?

[number] 19 Schedule 2 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Form—continued 7.4 How many customers (refer question 7.1 above) are non-resi- 7.5 dents?
[number] If customers are non-residents, estimate percentages as at the end of the year [%]: Estimate percentages as at end of the year for: (%) Types of customer New Zealand resident individuals Non-resident individuals New Zealand resident entities (including companies, partnerships, trusts, charities, and incorporated/ unincorporated entities) Non-resident entities (including companies, partnerships, trusts, charities, and incorporated/ unincorporated entities) Overseas government bodies (or similar) Other (and list these types in the notes section in Part 6) Total 100 8.1 Channels Estimate the proportion of your new customers who were ac- cepted via the following methods during the year: % Methods of acceptance Face-to-face (over the counter, other than intermediaries) Non face-to-face (including electronic, telephone, post, and all other types of remote access—other than intermediaries) Domestic intermediaries/agents/third-party referral (excluding employees acting as advisers working outside of main offices) Overseas intermediaries/agents/third-party referral (excluding employees acting as advisers working outside of main offices) Other Total 100 20 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 2 Form—continued Part 4 Answer all questions from your relevant AML/CFT supervisor, which is — • • • the Reserve Bank of New Zealand; or the Department of Internal Affairs; or the Financial Markets Authority.
9 9.1 Questions from Reserve Bank of New Zealand Institutions that your reporting entity deals with For this section,— (a) count the number of relationships you have, according to the 4 types stated in the table in question 9.2; and use your own country risk assessment document to cat- egorise these relationships into the 3 categories stated in the table in question 9.2; and record the version and date of your country risk assess- ment in the notes to Part 6.
(b) (c) 9.2 Count your relationships with all entities for the purpose of establishing accounts, authenticating instructions, and provid- ing payment or other clearing-related services and provide the results in the following table: Lower-risk or medium- risk countries Higher-risk countries Other/un- known-risk countries RB 1 Correspondent banking relationships (cross-border only) RB 2 Other respondents (including partial-SWIFT key/RMA, telex and all alternative and non-electronic channels) (domestic and cross-border) 21 Schedule 2 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Form—continued Lower-risk or medium- risk countries Higher-risk countries Other/un- known-risk countries RB 3 Relationships where there is a written agreement (ie, lending syndication, card payment programme, mobile banking, etc) RB 4 Other relationships relevant to the delivery of products and services Transactions 9.3 Using your answers to the question in 6, estimate the gross value and number of transactions settled during the year for the following (add all receipts and record the total): Number Value ($) RB 5 Domestic (New Zealand) RB 6 receipts and payments International receipts and payments Questions from Financial Markets Authority 10 10.1 Identify which sub-sector your reporting entity belongs to: corporation/futures trustee investment scheme manager/broker/authorised financial adviser/issuer of securities* dealer/collective *Select one.
10.2 Refer to your previous answer to question 7.4 (“how many of your total customers are non-resident customers?”).
List the top 5 countries (high to low in descending order) according to where the largest numbers of your non-resident customers are: [list] 22 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 2 Form—continued 11 Questions from Department of Internal Affairs Money remittance and mobile phone remittance 11.1 Name the 3 countries your business receives the most trans- actions from, and estimate the average monthly number of in- ward transactions: Name of country Average monthly number of transactions ($) 1 2 3 11.2 Name the 3 countries your business sends the most transac- tions to, and estimate the average monthly number of outward transactions: Name of country Average monthly number of transactions ($) 1 2 3 11.3 Do you provide the following payment methods?
If yes, esti- mate the average monthly value of all transactions settled dur- ing the year (Enter nil or value): Total monthly average (NZD$) Monthly $ average as an ordering institution n/a Monthly $ average as a beneficiary institution n/a Monthly $ average as an inter- mediary in- stitution n/a n/a n/a n/a Cash Bearer negotiable instruments Domestic wire trans- fers/elec- tronic funds transfers 23 Schedule 2 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Form—continued Total monthly average (NZD$) Monthly $ average as an ordering institution Monthly $ average as a beneficiary institution Monthly $ average as an inter- mediary in- stitution Foreign wire trans- fers/elec- tronic funds transfers Trust and company service providers (TCSPs) 11.4 Estimate the total number of clients currently on your books: [number] 11.5 State the number of full-time-equivalent staff you employ: [number] 11.6 Do you incorporate companies or form any type of entity/trust in overseas jurisdictions (outside New Zealand)?
Yes/No* *Select one.

If Yes, list all countries: [list] 11.7 Do you handle the receipt and transmission of client money?

Yes/No* *Select one.

11.8 Do you manage clients’ bank accounts?

Yes/No* *Select one.

11.9 For your clients that are corporations with shares in bearer form, do your policies provide for maintaining the physical control of those bearer shares to ensure that ownership of the corporate entity does not change without your knowledge?

Yes/No* *Select one.
Providers of safe deposit boxes 11.10 Estimate the total number of safe deposit boxes you currently have in use: [number] 24 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Schedule 2 Form—continued 11.11 Estimate the average number of times these boxes are accessed each month: [number] Part 5 Conditions of ministerial exemption 12 12.1 Have you been granted any ministerial exemption that is sub- ject to conditions?
Yes/No* *Select one.

12.2 Please provide a description of your compliance with all con- ditions on any such exemption.

Answer all questions Your notes here: [notes] Part 6 Declaration and signature I confirm that I have the authority to submit this report on behalf of the reporting entity.

I have reviewed the answers and information and I confirm that I am satisfied that, to the best of my knowledge, after undertaking all reasonable inquiries, all answers are true and correct.
A reminder: “A person commits an offence if, without reasonable excuse, the person provides information to an AML/CFT supervisor knowing that information to be false or misleading in any material respect”.

(See section 103 of the AML/CFT Act 2009.)


Date signed: Signature: Full name: Position/Job title: 25 Schedule 3 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Schedule 3 Formal warning report r 10 Schedule 3: inserted, on 30 June 2013, by regulation 7 of the Anti-Money Laun- dering and Countering Financing of Terrorism (Requirements and Compliance) Amendment Regulations 2013 (SR 2013/232).
Form Formal warning report [Date] To [name and address of person or reporting entity] Formal warning for purposes of section 80 of Anti-Money Laundering and Countering Financing of Terrorism Act 2009 We have reasonable grounds to believe that you have engaged in con- duct that constitutes a civil liability act under the Anti-Money Laun- dering and Countering Financing of Terrorism Act 2009 (the Act).

You are required to comply with your obligations under the Act at all times.
Details of the conduct are as follows: [Specify details of events or actions that occurred, including dates or time periods.]

[Specify relevant sections of the Act or regulations.]

The following action(s) are required to ensure compliance with the Act: [Specify details of action required—eg, cease action, take steps, etc.

Also time period for action to be taken.]


If you continue to engage in conduct that constitutes a civil liability act, or you do not take the actions required, civil or criminal enforce- ment action may be taken under the Act.
This may result in (but is not limited to) the imposition of— • civil penalties of up to $200,000, in the case of an individual, and $2 million, in the case of a body corporate; and criminal penalties of imprisonment for up to two years or a fine of up to $300,000, in the case of an individual, and $5 million, in the case of a body corporate.
• 26 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Form—continued Please note that issuing this formal warning notice to you does not affect the [relevant AML/CFT supervisor’s] ability to consider or im- pose other appropriate sanctions under the Act.

If you believe the facts as stated in this notice are incorrect or incom- plete, please contact us by [date].
Signature: [Name of officer from relevant AML/CFT supervisor] [Name of relevant AML/CFT supervisor] Rebecca Kitteridge, Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 30 June 2011.
27 Notes Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Anti-Money Laundering and Counter- ing Financing of Terrorism (Requirements and Compliance) Amendment Regulations 2013.
The reprint incorporates all the amendments to the regulations as at 30 June 2013, as spe- cified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.
For example, the enacting words are not 5 Notes 1 2 3 28 Reprinted as at 30 June 2013 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Notes included in Acts, and provisions that are repealed or revoked are omitted.

For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 29 • • • • Notes Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011 Reprinted as at 30 June 2013 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
List of amendments incorporated in this reprint (most recent first) Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Amendment Regulations 2013 (SR 2013/232) Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 5 12 30